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Elyria Overview
Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Trees, Weeds and Grasses
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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545.07 ILLEGAL SALE OR POSSESSION OF MASTER VEHICLE KEYS. (REPEALED)
   (EDITOR'S NOTE: Section 545.07 was repealed as part of the 1990 updating and revision of these Codified Ordinances because a violation of substantially equivalent State law (Ohio R.C. 4549.042) was made a felony by the Ohio General Assembly.)
545.08 UNAUTHORIZED USE OF PROPERTY.
   (a)   No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.
   (b)   No person, in any manner and by any means, including but not limited to computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service or other person authorized to give consent.
   (c)   Except as permitted under R.C. § 5503.101, no person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the law enforcement automated database system created pursuant to Ohio R.C. 5503.10 without the consent of, or beyond the scope of the express or implied consent of, the chair of the Law Enforcement Automated Data System Steering Committee.
   (d)   No person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the Ohio law enforcement gateway established and operated pursuant to Ohio R.C. 109.57(C)(1) without the consent of, or beyond the scope of the express or implied consent of, the Superintendent of the Bureau of Criminal Identification and Investigation.
   (e)   The affirmative defenses contained in Ohio R.C. 2913.03(C) are affirmative defenses to a charge under this section.
   (f)   Whoever violates division (a) of this section is guilty of unauthorized use of property. Except as otherwise provided in this division, unauthorized use of property is a misdemeanor of the fourth degree.
      (1)   If unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, unauthorized use of property is whichever of the following is applicable:
         A.   Except as otherwise provided below, unauthorized use of property is a misdemeanor of the first degree.
         B.   If the value of the property or services or the loss to the victim is one thousand dollars ($1,000) or more, it is a felony to be prosecuted under appropriate State law.
      (2)   If the victim of the offense is an elderly person or disabled adult, unauthorized use of property is a felony to be prosecuted under appropriate State law.
   (g)   Whoever violates division (b) of this section is guilty of unauthorized use of computer, cable, or telecommunication property, a felony to be prosecuted under appropriate State law.
   (h)   Whoever violates division (c) of this section is guilty of unauthorized use of the law enforcement automated database system, a felony to be prosecuted under appropriate State law.
   (i)   Whoever violates subsection (d) of this section is guilty of unauthorized use of the Ohio law enforcement gateway, a felony to be prosecuted under appropriate State law.
   (j)   As used in this section:
      (1)   "Cable operator" means any person or group of persons that does either of the following:
         A.   Provides cable service over a cable system and directly through one or more affiliates owns a significant interest in that cable system;
         B.   Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.
      (2)   "Cable service" means any of the following:
         A.   The one-way transmission to subscribers of video programming or of information that a cable operator makes available to all subscribers generally;
         B.   Subscriber interaction, if any, that is required for the selection or use of video programming or of information that a cable operator makes available to all subscribers generally, both as described in this definition;
         C.   Any cable television service.
      (3)   "Cable system" means any facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. "Cable system" does not include any of the following:
         A.   Any facility that serves only to retransmit the television signals of one or more television broadcast stations;
         B.   Any facility that serves subscribers without using any public right-of-way;
         C.   Any facility of a common carrier that, under 47 U.S.C. 522(7)(c), is excluded from the term "cable system" as defined in 47 U.S.C. 522(7);
         D.   Any open video system that complies with 47 U.S.C. 573;
         E.   Any facility of any electric utility used solely for operating its electric utility system.
(ORC 2913.04)
Statutory reference:
   Telecommunications: fraud and unlawful use of a device, felony offenses, see Ohio R.C. 2913.05 and 2913.06
545.09 PASSING BAD CHECKS.
   (a)   As used in this section:
      (1)   "Check" includes any form of debit from a demand deposit account, including but not limited to any of the following:
         A.   A check, bill of exchange, draft, order of withdrawal, or similar negotiable or non-negotiable instrument;
         B.   An electronic check, electronic transaction, debit card transaction, check card transaction, substitute check, web check, or any form of automated clearing house transaction.
      (2)   "Issue a check" means causing any form of debit from a demand deposit account.
   (b)   No person, with purpose to defraud, shall issue or transfer or cause to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored or knowing that a person has ordered or will order stop payment on the check or other negotiable instrument.
   (c)   For purposes of this section, a person who issues or transfers a check or other negotiable instrument is presumed to know that it will be dishonored if either of the following occurs:
      (1)   The drawer has no account with the drawee at the time of issue or the stated date, whichever is later.
      (2)   The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment within 30 days after issue or the stated date, whichever is later, and the liability of the drawer, indorser, or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.
   (d)   In determining the value of the payment for purposes of division (e) of this section, the court may aggregate all checks and other negotiable instruments that the offender issued or transferred or caused to be issued or transferred in violation of division (b) of this section within a period of 180 consecutive days.
   (e)   Whoever violates this section is guilty of passing bad checks. Except as otherwise provided in this division, passing bad checks is a misdemeanor of the first degree. If the check or checks or other negotiable instrument or instruments are issued or transferred to a single vendor or single other person for the payment of one thousand dollars ($1,000) or more, or if the check or checks or other negotiable instrument or instruments are issued or transferred to multiple vendors or persons for the payment of one thousand five hundred dollars ($1,500) or more, passing bad checks is a felony to be prosecuted under appropriate State law.
(ORC 2913.11)
545.095 CRIMINAL SIMULATION.
   (a)   No person, with purpose to defraud, or knowing that the person is facilitating a fraud, shall do any of the following:
      (1)   Make or alter any object so that it appears to have value because of antiquity, rarity, curiosity, source, or authorship, which it does not in fact possess.
      (2)   Practice deception in making, retouching, editing, or reproducing any photograph, movie film, video tape, phonograph record, or recording tape.
      (3)   Falsely or fraudulently make, simulate, forge, alter, or counterfeit any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303, falsely or fraudulently cause to be made, simulated, forged, altered, or counterfeited any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303, or use more than once any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303.
      (4)   Offer, or possess with the purpose to offer, any object that the person knows to have been simulated as provided in divisions (a)(1), (2) or (3) of this section.
   (b)   Whoever violates this section is guilty of criminal simulation. Except as otherwise provided in this division, criminal simulation is a misdemeanor of the first degree. If the loss to the victim is one thousand dollars ($1,000) or more, criminal simulation is a felony to be prosecuted under appropriate State law.
(ORC 2913.32)
545.10 MISUSE OF CREDIT CARDS.
   (a)   No person shall do any of the following:
      (1)   Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual reliance thereon;
      (2)   Knowingly buy or sell a credit card from or to a person other than the issuer;
      (3)   As an officer, employee, or appointee of a political subdivision or as a public servant as defined under R.C. § 2921.01, knowingly misuse a credit card account held by a political subdivision.
   (b)   No person, with purpose to defraud, shall do any of the following:
      (1)   Obtain control over a credit card as security for a debt;
      (2)   Obtain property or services by the use of a credit card, in one or more transactions, knowing or having reasonable cause to believe that the card has expired or been revoked, or was obtained, is retained, or is being used in violation of law;
      (3)   Furnish property or services upon presentation of a credit card, knowing that the card is being used in violation of law;
      (4)   Represent or cause to be represented to the issuer of a credit card that property or services have been furnished, knowing that the representation is false.
   (c)   No person, with purpose to violate this section, shall receive, possess, control, or dispose of a credit card.
   (d)   Whoever violates this section is guilty of misuse of credit cards.
      (1)   Except as otherwise provided in division (d)(3) of this section, a violation of division (a), (b)(1), or (c) of this section is a misdemeanor of the first degree.
      (2)   Except as otherwise provided in this division or division (d)(3) of this section, a violation of division (b)(2), (3), or (4) of this section is a misdemeanor of the first degree. If the cumulative retail value of the property and services involved in one or more violations of division (b)(2), (3), or (4) of this section which violations involve one or more credit card accounts and occur within a period of 90 consecutive days commencing on the date of the first violation, is one thousand dollars ($1,000) or more, misuse of credit cards is a felony to be prosecuted under appropriate State law.
      (3)   If the victim of the offense is an elderly person or disabled adult, and if the offense involves a violation of division (b)(1) or (b)(2) of this section, misuse of credit cards is a felony to be prosecuted under appropriate State law.
(ORC 2913.21)
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